Chief Justice attacked over ‘coalition miracle’ speech
By Nat Molomo
MASERU — Opposition Basotho Congress Party (BCP) has accused Chief Justice Mahapela Lehohla of compromising the independence of the judiciary by ingratiating himself with the new government.
Justice Lehohla praised the Tom Thabane-led coalition government during the official opening of the High Court last month.
Speaking at a press conference on Tuesday, BCP leader Thulo Mahlakeng said the Chief Justice’s statements on the coalition government had brought the judiciary into disrepute.
In his speech Justice Lehohla called the coalition government a “miracle”.
“This miracle has saved me the usual bother occurring after every general election appointing panels of judges of three per election petition lasting weeks on end, heard at the expense of other cases which had been long in the waiting list,” he said.
“For this the Lesotho voters and wisdom of coalition partners are worthy of high commendation. Coalition now! Coalition! Coalition tomorrow!
“Coalition together equals progress and national peace of mind.”
Mahlakeng said “these words ought not to have come from the Chief Justice”.
“It is unacceptable that the Chief Justice should be seen to be praising the coalition government as if Basotho were wrong to have elected or voted for a party with a majority,” Mahlakeng said.
“The Chief Justice has badly compromised the independence of the judiciary in a manner that is tantamount to bringing the judiciary into disrepute,” he said.
He said by uttering these remarks the Chief Justice was misleading the public.
The constitution, the BCP leader said, allows the party with a majority of seats in parliament to form a government without a coalition.
The second step is that more parties that do not have majority can come together to form a coalition government in a case where no party has enough numbers to form government.
He said it is unfortunate for the Chief Justice to have uttered those remarks contrary to the constitution which gives him power to protect the judiciary.
“By uttering these remarks the Chief Justice is weakening the confidence of those who do not support the coalition government in the country’s judiciary, and this is not in the best interest of the good governance.”
He appealed to the Democratic Congress, which is the main opposition in parliament, to issue a statement because “by remaining silent they are neglecting their responsibility” to scores of Basotho who voted for them.
When asked why he was condemning the remarks more than a month after they were made, the BCP leader said they delayed to respond because they expected that government would come out to censure the Chief Justice.
Comment by Motho oa Mosalemane on 7 March 2013:
Ache joale re maketse Mohlomphehi Mahlakeng ha a lakatsa hore Moahloli e moholo o lokela ho thola ha ntho e ntle e entsoe ka Muso oa Kopanelo. Ke neng abuti a tla amohela hore lipolotiki tsa Lesotho Li matsohong a matle
a setlamo.
Comment by sematsatsa on 7 March 2013:
CJ ha ua fosa, ehlile motho e mong le emong o hlaola moo tema e tsoang, hake tsebe na ne bare u reng.
Comment by majii on 7 March 2013:
Ache, Chief Justice u sa tsekisoa ha ho letho joale. Statement sena ha ke utlui na se undermine the independence of the judiciary joang. Misguided attack.
Comment by LEKHOARA on 7 March 2013:
Mora Mahlakeng taba ena ke taba ea interpretation feela. My interpretation of Chief Justice statement ke hore batho ba likhathatso ba mmakelang linyeoe tse sa feleng ka makhotleng ke ‘muso kajeno and therefore linyeoe ha lieo. Hopola ha batho bane bare ha mokhethi a khetha mokha oa hae, ballot paper ha e fihla ka lebokoseng la khetho, khetho e joalo e iphetola khetho ea LCD, pampiri sekokoto, computers programmed in favour of LCD e.t.c
Comment by Observer on 7 March 2013:
People talk for the sake of talking whats is the fuss about Lehohla singing coalition praises? Ache Lehohla o tsa tsekisoa le ntho tse sieo joale. Give the guy a break. Mr Mahlakeng had nothing to say so he resorted to criticism. @ Lekhoara did u actually believed that nonsense? Just asking.
Comment by Phoka-li-maotong on 7 March 2013:
Mr Lehohla, you may sing as many praises about and for the coalision government but what is the issue is for you to pack and go.
You are advised to bow out in honour not shame so you can still be respected in your old age.
Comment by selehe on 7 March 2013:
Thulo Mahlakeng ke Lehata-mmoho la makhonthe!
Comment by LEKHOARA on 7 March 2013:
@Observer, lokisa sekhooa pele ke tsebe ho araba kapa o mpotse ka Sesotho.
Comment by Bobete on 7 March 2013:
Mahlakeng is hell bend to critize others and has got nothing of his own party to pronounce. Not long ago he objected to LCD’s quest to celebrate congress movement saying BCP is the one entitled to do so. Today he is ridiculing the CJ for nothing, I dont understand this man and no wonder why BCP is dead alive during his leadership.
Comment by Lepota on 7 March 2013:
Ka nnete agree a 100% with adv mahlakeng. Anyone who has a mild or elementary nderstanding of the concept of separation of powers and independence of the judciary will apreciate that the comments of the chief justice were over the top and un called for.
The judiciary, especially the chief justice shouls not openly express his preferences more so when talking abt politics and government. You r on point ntate mahlakeng
Comment by Mahaltreeeee!! on 8 March 2013:
Ache Mahlakeng ehlile ke mahlakeng oa nnete ebile o hlakane hlooho ena ebile ho hlakile hore ha a hlaka kapa hona ho hlakeloa, CJ showed that he is relieved that there is no political chaos as in the past which affects the administration of the judiciary by having to attend to urgent political matters at the expense of other matters pending and full stop, those words are fair and objective, lets not do things for the sake of doing them less we be labeled stupid …tsamaea o ilo oela mahlakeng koana
Comment by Lefefooane on 8 March 2013:
Feela che le ‘na taba ena ea Justice Lehohla ea ho bina li Aleluja ka Coallation e makalitse. I think this was uncalled for. I disagree with this type of behavour. In a similar manner I disagreed when all the High court judges would gather at the then PM’s house for a braai every sunday in 2007 in a what was termed “strategic gathhering to fast track court cases”. Indeed it was shocking for the judges to always wine and brai and dine at a politician homestead every sunday.
Comment by Thabang on 12 March 2013:
A judge should never be heard talking like that about politics, those were very unfortunate statements coming from such high judicial office. It could have been enough to praise the IEC for a sterling job. I can reliably inform readers that the CJ is on forced leave, preparing for an inevitable exit.